Casual employment definition + conversion (Closing Loopholes 2024)
New casual employment definition + employee choice pathway from 26 August 2024.
criticalcurrentongoing
Who must comply
All employers of casuals.
What triggers it
Casual engagement decision + 6/12 month review points.
When due
Continuous + on employee notification.
Evidence required
Casual contracts + decisions + employee notifications.
Max penalty
—
Effective from
26 August 2024
Summary
Closing Loopholes No. 2 Act 2024. Replaced statutory casual employment definition with a substance-over-form approach + introduced employee choice + dispute resolution at FWC.
Enforced by
Source legislation
Topics
workplacecasual-employment
Related obligations
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- CWLTHSame job same pay (labour hire reform)Labour hire workers entitled to same minimum pay as direct employees on host site.
- CWLTHLodge WGEA workplace gender equality reportPrivate-sector employers with 100+ staff must report annually; pay gaps are now publicly published.
- CWLTHComply with casual employee conversion (Closing Loopholes — s 66B Fair Work Act)From 26 Aug 2024, eligible casual employees can notify their employer to convert to permanent employment.
Frequently asked questions
- Who must comply with Casual employment definition + conversion (Closing Loopholes 2024)?
- All employers of casuals.
- What triggers Casual employment definition + conversion (Closing Loopholes 2024)?
- Casual engagement decision + 6/12 month review points.
- When is Casual employment definition + conversion (Closing Loopholes 2024) due?
- Continuous + on employee notification.
- What evidence is required for Casual employment definition + conversion (Closing Loopholes 2024)?
- Casual contracts + decisions + employee notifications.
Source: https://www.fairwork.gov.au/employee-entitlements/changes-and-updates. Rules Mate is not a law firm. Always verify against the live regulator source before acting.